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(영문) 인천지방법원 2019.05.03 2018가단213711
명의개서 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 30, 2015, the Plaintiff, Co., Ltd. D (hereinafter “Nonindicted Company”), and the inside director E of the Nonparty Company drafted a performance contract with the following content (hereinafter “instant performance contract”).

The plaintiff and the representative of the non-party E company shall prepare and affix a seal to this implementation contract in compliance with the agreement to the growth of the business stability of the F Co., Ltd. (hereinafter referred to as the "F") as follows:

- - Future -

1. The plaintiff and the representative of E enter into an agreement with the entire progress of the Financial Normalization Project (Paragraph 1). 2. The plaintiff is a clause in the establishment of the project, subject to the smooth supply of the F Raw Materials to the representative of E, with a KRW 1 billion deposited into the representative of E company E on deposit of the non-party E.

(2) 3. The representative of the non-party company E shall settle the shares equivalent to 51% (25,500 shares) of the total shares of the non-party company to the plaintiff on the part of the Guarantee Board for the financial support of the plaintiff.

(4) 4. The representative of the non-party E applies 32.4% (45,00 shares) of shares in F’s shares (45.00 shares) to the F’s right to manage F’s business stability by settling the accounts entrusted to the Plaintiff and applying the Plaintiff to F’s right to manage the F’s shares.

(main sentence of paragraph 5). (b)

On July 14, 2015, the Plaintiff and the Defendants drafted a written agreement (hereinafter “instant agreement”) with the following contents.

The defendant B and the plaintiff, who is the representative director of the defendant company and the defendant company, shall prepare this Agreement and sign and seal it in order to guarantee the implementation of the agreement as follows:

- - Future -

1. The defendants delegate the management of the defendant company to the plaintiff.

(1) For paragraph (1) 1, Defendant B shall transfer shares to the Plaintiff, and the decision-making on the overall management of the Defendant Company shall obtain and promote the consent of Defendant B.

(2) 3. Defendant B and the Plaintiff faithfully cooperate for the development of the Defendant Company’s business.

(3) 4. Specific matters of the above paragraphs are separate.

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